Agenda 04/26/2011 Item #16A7
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4/26/2011 Item 16.A.7.
EXECUTIVE SUMMARY
Request for authorization to advertise a proposed amendment to Collier County Ordinance No.
2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to amend the geographical
boundaries of the MSTU to remove two properties that no longer derive benefit from the MSTU's
stated purpose, to add properties determined to derive benefit, and to create an advisory committee
to provide input to county staff as to future projects within the MSTU.
OBJECTIVE: To obtain authorization to advertise a proposed amendment to Collier County
Ordinance Number 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (the "MSTU")
to amend the geographical boundaries of the MSTU to remove two properties that no longer derive
benefit from the MSTU's stated purpose, to add properties determined to derive benefit, and to create an
Advisory Committee to provide input and direction to County Staff as to future projects within the
MSTU.
CONSIDERATION: As a result of vegetative overgrowth within the MSTU, two properties that
originally had access to Rock Road along interior dirt roads, no longer have access. Because those two
parcels no longer benefit from the ability to access and travel upon Rock Road from their properties, staff
is requesting that the Board authorize advertising an amendment to Ordinance No. 2006-56 to revise the
geographical boundaries of the MSTU to remove the affected properties.
Additional]y, it was found, upon further review, that there were 34 properties that were detennined to
benefit from improvements to Rock Road in that there is no other access road for those parcels to
Immokalee Road.
In addition, to improve communication between the property owners within the MSTU and staff as to
future projects within the MSTU, the attached proposed amendment to the ordinance includes the creation
of an Advisory Committee. The proposed three member Advisory Committee would meet semi-annuaIIy
to help set the work program within the MSTU to be administered by staff.
A draft copy of the proposed amended ordinance sought to be advertised is attached.
FISCAL IMPACT: Based upon the 2010 Trim Notices, the proposed aniendment to the Ordinance to
remove two parcels from the MSTU wiII result in an approximate annual Joss of $997.28 to the MSTU.
The addition of the 34 parcels wiII result in additional revenue to the MSTU of $7,137.19 annuaIIy.
Adjusted revenue based on parcels included in the revised boundary is estimated to be $37,667.91. Staff
charges (Transfer to Fund 111) remain unchanged for FY-11 at $5,300 and wiII be reassessed at FY-12
Budget cycle based on 'actual hours worked' for the Rock Road MSTU.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for Board approval-SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorizes the advertisement of
the attached proposed amendment to Collier County Ordinance No. 2006-56 adjusting the property
boundaries of the MSTU and creating an advisory committee for further consideration and approval by
the Board at a future meeting.
Packet Page -782-
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4/26/2011 Item 16.A.7.
PREPARED BY: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Amended Ordinance
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4/26/2011 Item 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
Item Summary: Request for authorization to advertise a proposed amendment to Collier
County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to
amend the geographical boundaries of the MSTU to remove two properties that no longer
derive benefit from the MSTU's stated purpose, to add properties determined to derive benefit,
and to create an advisory committee to provide input to county staff as to future projects
within the MSTU.
Meeting Date: 4/26/2011
Prepared By
Name: SilJeryTessie
Title: Operations Coordinator, Alternative Transportation
4/6/2011 4:55:36 PM
Submitted by
Title: Project Manager,Alternative Transportation Modes
Name: RichardDarryl
4/6/2011 4:55:38 PM
Approved By
Name: LulichPame1a
Title: Manager - Landscape Operations,Alternative Transpo
Date: 4/7/2011 11:50:37 AM
Name; HerreraGloria
Title: ManagementIBudget Analyst,Transportation Administration
Date: 4/11/2011 8:22:25 AM
Name: BetancurNatali
Title: Executive Secretary, Transportation Engineering & Construction Management
Date: 4/12/2011 2:26:59 PM
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4/26/2011 Item 16.A.7.
Name: AmoldMichelIe
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 4/12/2011 2:47:23 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/13/20114:09:22 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 4/14/2011 6:32:17 AM
Name: MarcelIaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/14/2011 5:15:37 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2011 1:23:43 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/18/201112:01:44 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/18/2011 2:41 :12 PM
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4/26/2011 Item 16.A.7.
ORDINANCE NO. 2011-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2006-56, (THE ROCK ROAD IMPROVEMENT MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION TWO,
CREATION OF THE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR A SECTION CREATING THE ROCK ROAD
IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AND
COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE OF
THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS
OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF
PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES
OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, on November 28; 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit;
and
WHEREAS, the Board of County Commissioners is the governing body of the Rock Road
Improvement Municipal Service Taxing Unit (the "MSTU") and directed staff to advertise an
amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MSTU to
remove those property owners that no longer have access to nor otherwise derive any benefit from
the MSTU's stated purpose and to include all property owners within the MSTU's amended
geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work
with County Staff to review and recommend work programs and priorities to accomplish the
MSTU's purpose; and
WHEREAS, on May 10, 2011, the Board of County Commissioners as the governing body
of the MSTU approved this amendment to Ordinance No. 2006-56.
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Underlined words are added; Struck Through. words are deleted.
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4/26/2011 Item 16.A.7.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY .
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
2006-56 is hereby amended to read as follows:
Section One: Section Two, Creation of the Municipal Service Taxing Unit of Collier County
Ordinance No. 2006-56 is hereby amended to read as follows:
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached composite Exhibit ~ "A-V'
which that is incorpomted by reference. The following properties". which were previously located
within the MSTU's boundaries. are expressly identified as outside of the amended boundaries of the
MSTU as stated in Exhibit A-I:
Folio Numbers:
00211960007
00211240002
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Section Two.
Creation of the Rock Road Improvement Municipal Service Taxinl! Unit
Advisorv Committee. Appointment and Composition.
A. There is hereby created and established the Rock Road Improvement Municipal Service
Taxinp Unit Advisory Committee. hereinafter referred to as the "Committee."
B. The Committee shall consist of three (3) members who generally represent the area within
the MSTU. Members of the Committee shall be apoointed by and serve at the pleasure of
the Board of County Commissioners. Two members shall be oermanent residents within the
MSTU and electors of Collier County. One member may be an owner of residential or
commercial property within the MSTU or an appointed representative of a business located
within the MSTU and an elector of Collier County. An owner of residential or commercial
property may be an individual. an officer of a corpomtion. or a partner of a partnership. The
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Underlined words are added; Struck Through. words are deleted.
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4/26/2011 Item 16.A.7.
Board of County Commissioners shall consider appointment of members from different
parcels~ subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners. which resolution shall set forth the date of apooin1ment and the
term of office.
D. Members of the Committee shall serve without compensation.
Section Three. Terms of Office of the Advisorv Committee.
The initial terms of office of the Committee shall be as follows:
A Two (2) members shall be appointed for a term of two (2) years.
B. One (1) member shall be appointed for a term of three (3) years.
Thereafter each appointment or reapoointment shall be for a term of three (3) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
Section Four. Officers of the Advisorv Committee. Quorum and Rules of Procedure.
A. At its earliest opportunity. the membership of the Committee shall elect a chairman
and vice chairman from among its members. Officer's terms shall be for one (1)
year. with eligibility for re-election.
B. The presence of two (2) or more members shall constitute a QUorum of the
Committee necessary to take action and transact business.
C. The Committee shall be governed by the most current edition of Roberts Rules of
Order for the transaction of business and shall keep a written record ofllie meetings,
reports and exhibits. and other documentation for preservation by the County staff.
D. Committee member attendance requirements. including failure to attend meetings
and member removal from office are governed by Ordinance No. 2001-55. as it may
be amended. or bv its successor ordinance.
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Underlined words are added; Struck Through words are deleted..
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4/26/2011 Item 16.A.7.
Section Five. Functions. Powers and Duties of the AdvisorV' Committee.
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The functions. powers'and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the purpose of the
MSTU as set forth in this Ordinance.
B. The Committee shall meet semi-annually to review and recommend work programs and
priorities to the County Manager or his desismee in accordance with the adopted budget
or budget amendments which may be adoPted by the Board of Cormtv Commissioners.
The execution of work programs shall be under the direct supervision and responsibility
of the County Manager or his designee. Said work may be performed under contract (in
accordance with law) or by County forces.
C. The Committee may adopt and amend "Guidelines" to govern the operation of the
MSTU. subject to approval by the Board of County Commissioners.
Section Six: Conflict and Severabilitv
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held .
invalid or unconstitutional by any court of competent jurisdictio~ such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Seven: Inclusion in The Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "sectio~" "article," or
any other appropriate word.
Section Eieht: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
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Underlined words are added; Struck Though words are deleted.
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4/26/2011 Item 16.A.7.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 10th day of May, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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Underlined words are added; Struck Through words are deleted.
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EXHIBIT A-1 BOUNDARY MAF- 4/26~~2,~~ ~~A.~
ROCK ROAD MSTU
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DATE: 03-22-11; DRAWN BY: DARRYL RICHARD, PROJECT MANAGER; ATM DEPT. PAGE 1 OF 3
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4/26/2011 Item 16.A.7.
EXHIBIT A-I
PAGE20F3
GEOGRAPIDC BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida and specifically described
as:
The North half of Section 32~ Township 48 South, Range 27 East, Collier County, Florida;
And;
All of Section 29, Township 48 South, Range 27 East, Collier County, Florida;
Less the following described parcels:
The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West
Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier
County, Florida, less the North 179.18 feet previously dedicated for road right-of-way.
The North One Half of the North West Quarter of the North East Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the
North 179.18 feet previously dedicated for road right-of-way.
The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter
of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South 1birty
(30) feet thereof.
The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet
thereof and less the East Thirty (30) feet thereof.
The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the
Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida.
Containing therein 905.61 acres, more or less.
EXHIBIT A-I
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4/26/2011 Item 16.A.7.
EXHIBIT A-I
PAGE30F3
PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY: .
FOLIO NUMBER
00211960007
00211240002
PARCEL FOLIO NUMBERS ADDED TO BOUNDARY:
FOLIO
NUMBER
00211080000
00210920006
00214160008
00214000003
00219760005
00219720003
00220240006
00220640004
00220360009
00221360008
00220720005
00221200003
00221080003
00221320006
00213960005
00212920004
00212720000
00211720001
01215120004
00211040008
00211200000
00901600004
00987160005
79904128349
00212200009
06280040004
00222280608
00222280501
00222280307
00222280103
00219840006
00220680006
71725800666
53955680001
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EXHIBIT A-I
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